wrongful termination

[shvspirit]

What is the name of your state? indiana

During my previous employment, I had been on fmla. There was two instances where I had notified the company of my need for Fmla. In one instance I was under the impression that I had filed with the company the appropriate papers, however when i was written up for points they said that they must have lost them. I was still responsible for the write up and deduction in points even though on each instance of being absent for the medical condition, i gave the company a doctor's note explaining my reason for being absent. The company acknowledge that I had indeed given them the appropriate notes but they still did not give me my points back.

What happened later on, was that they used the fmla leave days as they used the other leave days, in that when I took the fmla days off, I had to work extra days inorder to gain another day to the positive. They said that fmla leaves days were worked into their attendance policy just like it was a regular day of leave.

Consequently, I was terminated and my unemployment insurance was denied.

I need some advice quick, in that I must send a brief to the court of appeals ,regarding my unemploment insurance being denied by October 26.

Thanks Charlie

 

[Beth3]

In one instance I was under the impression that I had filed with the company the appropriate papers, however when i was written up for points they said that they must have lost them. If your employer believes you turned in the FMLA certification forms and they lost them, then the appropriate thing to do was to given you an opportunity to have a new form completed and submitted. It was not okay that they didn't give you that opportunity but disciplined you instead.

I was still responsible for the write up and deduction in points even though on each instance of being absent for the medical condition, i gave the company a doctor's note explaining my reason for being absent. The company acknowledge that I had indeed given them the appropriate notes but they still did not give me my points back. Doctor's notes do not require an employer to excuse an absence. Only FMLA certification forms require that.

What happened later on, was that they used the fmla leave days as they used the other leave days, in that when I took the fmla days off, I had to work extra days inorder to gain another day to the positive. They said that fmla leaves days were worked into their attendance policy just like it was a regular day of leave. I don't quite understand what you're saying but FMLA requires that those absences be "invisible." You do not have to work extra days to make up for absences that fall under FMLA protection.

Consequently, I was terminated and my unemployment insurance was denied. It appears to me that your company violated the FMLA. You are free to contact the federal Department of Labor and file a complaint. 202-693-4650.

I need some advice quick, in that I must send a brief to the court of appeals ,regarding my unemploment insurance being denied by October 26. Um, you're overstating the situation there. You are not dealing with the Court of Appeals nor do you have to send a brief. Look at the instructions that accompanied your Initial Determination denying benefits. All you likely need to do is send the UC Division a letter stating you disagree with the decision and request a hearing.